§ 1023. Rules and regulations; scope of provisions.

The Secretary shall prescribe such rules and regulations as he may deem appropriate to carry out the provisions of this chapter. Such regulations may include, without limitation, provisions for (a) the prevention of waste, (b) development and conservation of geothermal and other natural resources, (c) the protection of the public interest, (d) assignment, segregation, extension of terms, relinquishment of leases, development contracts, unitization, pooling, and drilling agreements, (e) compensatory royalty agreements, suspension of operations or production, and suspension or reduction of rentals or royalties, (f) the filing of surety bonds to assure compliance with the terms of the lease and to protect surface use and resources, (g) use of the surface by a lessee of the lands embraced in his lease, (h) the maintenance by the lessee of an active development program, and (i) protection of water quality and other environmental qualities. (Pub. L. 91-581, § 24, Dec. 24, 1970, 84 Stat. 1573.)

REFERENCES IN TEXT

"This chapter", referred to in the text, read "this Act" as originally enacted, meaning the Geothermal Steam Act of 1970, classified to this chapter and amendatory of section 530 of this title.

§ 1024. Disposal of land laws; reservation of geothermal resources and restriction on disposal of lands with geothermal resources; conveyances prior to December 24, 1970, unaffected.

As to any land subject to geothermal leasing under section 1002 of this title, all laws which either (a) provide for the disposal of land by patent or other form of conveyance or by grant or by operation of

law subject to a reservation of any mineral or (b) prevent or restrict the disposal of such land because of the mineral character of the land, shall hereafter be deemed to embrace geothermal steam and associated geothermal resources as a substance which either must be reserved or must prevent or restrict the disposal of such land, as the case may be. This section shall not be construed to affect grants, patents, or other forms of conveyances made prior to December 24, 1970. (Pub. L. 91-581, § 25, Dec. 24, 1970, 84 Stat. 1573.)

§ 1025. Federal retention of certain mineral rights; extraction of minerals without substantial interference with geothermal production.

The United States reserves the ownership of and the right to extract under such rules and regulations as the Secretary may prescribe oil, hydrocarbon gas, and helium from all geothermal steam and associated geothermal resources produced from lands leased under this chapter in accordance with presently applicable laws: Provided, That whenever the right to extract oil, hydrocarbon gas, and helium from geothermal steam and associated geothermal resources produced from such lands is exercised pursuant to this section, it shall be exercised so as to cause no substantial interference with the production of geothermal steam and associated geothermal resources from such lands. (Pub. L. 91-581, § 27, Dec. 24, 1970, 84 Stat. 1574.)

REFERENCES IN TEXT

"This chapter", referred to in the text, read "this Act" as originally enacted, meaning the Geothermal Steam Act of 1970, classified to this chapter and amendatory of section 530 of this title.

Chap.

Sec.

Sec.

21. Information for Office of Management and Budget by departments and establishments; access to books, papers, etc., thereof.

22. Preparation of departmental requests by heads of departments.

22a. Availability of funds for field examination of estimates.

Time for submission of departmental requests to Office of Management and Budget; failure to submit.

Form and manner of submission of departmental requests; cost-based budgets.

25. Preparation of horizontal budget for Congress showing totality of programs for meteorology, aspects of program and funding, and estimated goals and financial requirements.

141

161

5. The Bureau of Engraving and Printing..

171

23.

6. Debts Due by, or to, the United States..... 191 7. Bureau of the Mint, Mints, and Assay Offices. 8. Coins, Coinage, and Currency.......

251

311

24.

451

471

581

GENERAL ACCOUNTING OFFICE

41. Creation; control and direction of; certain offices abolished; officers, employees, books, papers, etc., transferred to General Accounting Office; seal thereof.

42. Comptroller General and Assistant Comptroller General.

42a. Same; compensation.

43. Same; terms of office; removal from office; retirement. 43a. Same; acting Comptroller General during temporary vacancy in offices of Comptroller General and Assistant Comptroller General.

43b. Survivorship benefits of widows and dependent children of Comptrollers General.

44.

(a) Election.

(b) Deductions from salary and retirement pay. (c) Deposits; interest; effective date.

(d) Reduction of annuities or elimination of service from credit.

(e) Commencement and amount of annuities. (f) Termination and recomputation of annuities. (g) Definitions.

(h) Finality of dependency and disability determinations.

(1) Refund of deposits upon separation from service; interest.

(1) Beneficiaries; order of precedence. (k) Refunds of deductions exceeding annuities paid upon termination of annuities.

(1) Accrued annuities, disposition.

(m) Monthly installments; assignments; process. (n) Computation of annuities.

(0) Definitions for purpose of computing annuities.

(p) Service credit.

(q) Simultaneity of annuities.

(r) Appropriations.

Certain powers and duties transferred to General Accounting Office; conclusiveness of balances certified by Comptroller General.

Repealed.

45.

46.

Laws governing General Accounting Office; copies of books, records, etc., thereof as evidence.

16b. Repealed.

16c. Additional position of Assistant Director. 17. Attorneys and other employees; expenses.

18. Detailed study of departments and establishments. 18a. Development of improved plans for administration of executive agencies.

46a. Applicability of compensation provisions to employees of General Accounting Office.

47.

18b. Development of programs for preparing statistical information by executive agencies.

18c. Executive agency action respecting accounting and budget classifications.

19. Powers and duties transferred to Office of Management and Budget.

48.

Payment of adjusted accounts or claims. Same; regulating payment of arrears of pay.

20.

Aid and information for committees of Congress. Page 8253

51a. General Counsel; compensation.

This was the first section of an Act entitled "An act to provide a national budget system and an independent audit of Government accounts, and for other purposes." Section 205 of that act provided for the transmission of an alternative budget for the fiscal year ending June 30, 1923. Section 210 provided for the preparation and transmission to Congress of a codification of the laws relating to the transmission to Congress of statements of receipts and expenditures, and estimates of appropriations, with recommendations as to changes.

Section 217 made an appropriation for the establishment and maintenance of the Bureau of the Budget.

Section 315 transferred certain appropriations and portions of appropriations to the General Accounting Office, specified purposes for which they might be expended, and authorized changes in the number and compensation of officers and employees during the fiscal year ending June 30, 1922.

Section 316 provided that the General Accounting Office and Bureau of Accounts should not be regarded as a bureau or office created since Jan. 1, 1916, so as to deprive employees of additional compensation under section 6 of the Legislative, Executive and Judicial Appropriation Act for the fiscal year ending June 30, 1922.

Section 317 related to the transfer of employees to the General Accounting Office during such fiscal year.

Section 318 related to the time of taking effect of the act. These sections were omitted from the Code as temporary and obsolete.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 638a of this title. § 2. Definitions.

When used in this chapter and sections 71, 471, 581, and 581a of this title-The terms "department and establishment" and "department or establishment" mean any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board and the municipal government of the District of Columbia, but do not include the legislative branch of the Government or the Supreme Court of the United States;

The term "the Budget" means the Budget required by section 11 of this title to be transmitted to Congress;

The term "director" means the Director of the Office of Management and Budget; and

The term "deputy director" means the Deputy Director of the Office of Management and Budget. The term "appropriations" includes, in appropriate context, funds and authorizations to create obligations by contract in advance of appropriations, or any other authority making funds available for obligation or expenditure. (June 10, 1921, ch. 18, title I, § 2, 42 Stat. 20; Apr. 3, 1939, ch. 36, title II, § 201, 53 Stat. 565; Sept. 12, 1950, ch. 946, title I, pt. I, § 101, 64 Stat. 832; July 31, 1953, ch. 302, title I, § 101, 67 Stat. 299; 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat..)

REFERENCES IN TEXT

"This chapter", as used in the text, refers to sections 1, 2, 11, 13-16, 17, 18, 19—22, 23, 24, 41–43, 44, 46, 47, 49, 52, and 53-55 [repealed] of this title, all of which are set out in this chapter.

CODIFICATION

The term "bureau" as meaning the "Bureau of the Budget" has been eliminated in view of Reorg. Plan No. 2 of 1970, § 102 (a), which designated the Bureau of the Budget in the Executive Office of the President as the Office of Management and Budget.

AMENDMENTS

1950-Act Sept. 12, 1950, amended section by adding the definition of "appropriations".

1939-Act Apr. 3, 1939, amended section by inserting after "including" "any independent regulatory commission or board and".

CHANGE OF NAME

The Bureau of the Budget was designated as the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget. respectively. See Part I of Reorganization Plan No. 2 of 1970, set out as a note under section 16 of this title. Act July 31, 1953, designated the Assistant Director to be the Deputy Director.

SHORT TITLE

Congress, in enacting sections 18a and 18b of this title, chapter 1A of this title, sections 581b and 581c of this title, and the amendments to this section and sections 11, 14, 16, 22, 23, 24, 581, 581a and 847 of this title, provided by section 1 of act Sept. 12, 1950, that it should be popularly known as the "Budget and Accounting Procedures Act of 1950".

THE BUDGET

§ 11. President to transmit Budget to Congress; contents thereof; transmittal of supplemental summary to Congress; transmittal of estimated expenditure summaries.

(a) The President shall transmit to Congress during the first fifteen days of each regular session, the Budget, which shall set forth his Budget message, summary data and text, and supporting detail. The Budget shall set forth in such form and detail as the President may determine

(1) functions and activities of the Government; (2) at such times as may be practicable, information on program costs and accomplishments; (3) any other desirable classifications of data;

(4) a reconciliation of the summary data on expenditures with proposed appropriations;

(5) estimated expenditures and proposed appropriations necessary in his judgment for the support of the Government for the ensuing fiscal year, except that estimated expenditures and proposed appropriations for such year for the legislative branch of the Government and the Supreme Court of the United States shall be transmitted to the President on or before October 15 of each year, and shall be included by him in the Budget without revision;

(6) estimated receipts of the Government during the ensuing fiscal year, under (1) laws existing at the time the Budget is transmitted and also (2) under the revenue proposals, if any, contained in the Budget;

(7) actual appropriations, expenditures, and receipts of the Government during the last completed fiscal year;

(8) estimated expenditures and receipts, and actual or proposed appropriations of the Government during the fiscal year in progress;

(9) balanced statements of (1) the condition of the Treasury at the end of the last completed fiscal year, (2) the estimated condition of the Treasury at the end of the fiscal year in progress, and (3) the estimated condition of the Treasury at the end of the ensuing fiscal year if the financial proposals contained in the Budget are adopted;

(10) all essential facts regarding the bonded and other indebtedness of the Government;

(11) such other financial statements and data as in his opinion are necessary or desirable in order to make known in all practicable detail the financial condition of the Government; and

(12) with respect to each proposal in the Budget for new or additional legislation which would create or expand any function, activity, or authority, in addition to those functions, activities, and authorities then existing or as then being administered and operated, a tabulation showing

(A) the amount proposed in the Budget for appropriation and for expenditure in the ensuing fiscal year on account of such proposal; and

(B) the estimated appropriation required on account of such proposal in each of the four fiscal years, immediately following that ensuing fiscal year, during which such proposal is to be in effect.

(b) The President shall transmit to the Congress, on or before June 1 of each year, beginning with 1972, a supplemental summary of the Budget for the ensuing fiscal year transmitted to the Congress by the President under subsection (a) of this section. Such supplemental summary—

(1) shall reflect with respect to that ensuing fiscal year

(A) all substantial alterations in or reappraisals of estimates of expenditures and receipts, and

(B) all substantial obligations imposed on that budget after its transmission to the Congress;

(2) shall contain current information with respect to those matters covered by subparagraph (8) and clauses (2) and (3) of subparagraph (9) of subsection (a) of this section; and

(3) shall contain such additional information, in summary form, as the President considers necessary or advisable to provide the Congress with a complete and current summary of information with respect to that Budget and the then currently estimated functions, obligations, requirements, and financial condition of the Government for that ensuing fiscal year.

(c) The President shall transmit to the Congress, on or before June 1 of each year, beginning with 1972, in such form and detail as he may determine

(1) summaries of estimated expenditures, for the first four fiscal years following the ensuing fiscal year for which the Budget was transmitted to the Congress by the President under subsection (a) of this section, which will be required under continuing programs which have a legal commitment for future years or are considered mandatory under existing law; and

(2) summaries of estimated expenditures, in fiscal years following such ensuing fiscal year, of balances carried over from such ensuing fiscal year. (June 10, 1921, ch. 18, title II, § 201 (a), 42 Stat. 20; Sept. 12, 1950, ch. 946, title I, pt. I, § 102 (a), 64 Stat. 832; Aug. 1, 1956, ch. 814, § 1 (a), 70 Stat. 782; Aug. 25, 1958, Pub. L. 85-759, § 1, 72 Stat. 852; Oct. 26, 1970, Pub. L. 91-510, title II, § 221, 84 Stat. 1169.)

CODIFICATION

R. S. § 3669, requiring estimates for the public service to be submitted to Congress through the Secretary of the Treasury, and to be included in the book of estimates prepared under his direction, and a provision of act Aug. 23, 1912, ch. 350, § 9, 37 Stat. 415, requiring annual estimates of appropriations to be prepared and submitted only in the form and at the time required by law, and in no other form, and at no other time, were omitted from the Code as superseded by this section or other sections of this chapter.

AMENDMENTS

1970 Subsec. (a) (12). Pub. L. 91-510, § 221 (a), added subpar. (12).

Subsec. (b). Pub. L. 91-510, § 221 (b), added provisions for transmittal of supplemental summary to Congress and struck out provisions requiring each proposed appropriation to be accompanied by a proposed limitation on annual accrued expenditures when there is Presidential determination of establishment of satisfactory system of accrued accounting for an appropriation or fund and inclusion of proposals for provisions authorizing administrative head to make transfers, within the agency, between such limitations on annual accrued expenditures and such provisions limited by amount or by per centum the size of any transfer so proposed.

Subsec. (c). Pub. L. 91-510, § 221(b), added provisions for transmittal of estimated expenditure summaries and struck out provisions which charged against the limitation on annual accrued expenditures cost of goods and services and other assets received, advance payments made and progress payments becoming due, and amount of any other liabilities becoming payable, during fiscal year concerned.

Subsec. (d)-(f). Pub. L. 91-510, § 221(b)), struck out provisions relating to limitations on annual accrued expenditures, subsec. (d) providing for lapsing of any unused balance of the limitation at end of fiscal year concerned, excepting therefrom payment in any subsequent fiscal year for liabilities incurred within the limitation for any fiscal year, whether or not recorded or reported in

such fiscal year, subsec. (e) charging obligations incurred during fiscal year concerned or in prior fiscal years which do not result in liabilities becoming payable during fiscal year concerned against limitation for any succeeding fiscal year in which such obligations may result in liabilities becoming payable, and subsec. (f) declaring limitations on expenditures as not changing existing law with respect to method or manner of making appropriations or incurring of obligations under appropriations.

1958 Subsecs. (b)—(f). Pub. L. 85-759 added subsecs. (b)—(f).

1956-Act Aug. 1, 1956, (1) designated opening par. as subsec. (a); (2) redesignated former subsec. (a) as subpar. (1); (3) added subpar. (2); and (4) redesignated former subsecs. (b)-(1) as subpars. (3)-(11) respectively.

1950-Act Sept. 12, 1950, amended section generally by changing the time of submission of the Budget from the first day of each regular session of Congress to any time during the first fifteen days of each such session, by providing for inclusion of the President's message with the Budget, and to provide that the Budget shall set forth, among other things, in form and detail determined by the President, the functions and activities of the Government.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-510 effective with respect to fiscal years beginning on or after July 1, 1972, see section 601(2) of Pub. L. 91-510, set out as a note under section 72a of Title 2, The Congress.

TERMINATION DATE

Section 3 of Pub. L. 85-759 provided that: "This Act, and the amendments made thereby [adding former subsecs. (b)-(f) of this section] shall cease to be in effect April 1, 1962."

LIMITATIONS ON ANNUAL ACCRUED EXPENDITURES Section 2 of Pub. L. 85-759 provided that:

"(a) It shall be in order to provide in any bill or joint resolution making appropriations, or in any amendment thereto, limitations on annual accrued expenditures covering amounts becoming payable as a result of obligations incurred both in the fiscal year concerned and in prior fiscal years, and to include in any such bill or joint resolution provisions authorizing the head of a department or establishment to make transfers, within his department or establishment, between such limitations on annual accrued expenditures; and such provisions may limit by amount or by per centum the size of any transfer so provided for.

"(b) The provisions of subsection (a) of this section are enacted by the Congress

"(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply; and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

"(2) with full recognition of the Constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House."

OMISSION FROM REPEAL OF OTHER LAWS AS AFFECTING THIS SECTION

Section 302 (a) of act Sept. 12, 1950, provided: "The omission of any provision of law from the provisions of law repealed under section 301 [of act Sept. 12, 1950] shall not be construed as limiting the application of section 201 or 216 of the Budget and Accounting Act, 1921, as amended [sections 11 and 24 of this title], or the powers of the President thereunder, or as evidencing an intent that such provision was not to be superseded by such sections." Section 301 of Act of Sept. 12, 1950. referred to in section 302 (a), repealed a number of laws relating to the compilation of estimates and the furnishing of certain financial data.

OFFICE OF MANAGEMENT AND BUDGET

The Bureau of the Budget was designated as the Office of Management and Budget and offices of Director of the

Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively. Records, property, personnel, and funds of the Bureau of the Budget were transferred to the Office of Management and Budget. See Part I of Reorganization Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. —, set out as a note under section 16 of this title.

REDUCTION OF 6 BILLION DOLLARS IN EXPENDITURES During FISCAL YEAR 1969

Pub. L. 90-364 title II, § 202, June 28, 1968, 82 Stat. 271, provided that:

"(a) Expenditures and net lending during the fiscal year ending June 30, 1969, under the Budget of the United States Government (estimated on page 55 of House Document No. 225, Part 1, 90th Congress, as totaling $186,062,000,000), shall not exceed $180,062,000,000 except by expenditures and net lending—

"(1) which the President may determine are necessary for special support of Vietnam operations in excess of the amounts estimated therefor in the Budget, "(2) for interest in excess of the amounts estimated therefor in the Budget,

"(3) for veterans' benefits and services in excess of the amounts estimated therefor in the Budget, and "(4) for payments from trust funds established by the Social Security Act, as amended [section 301 et seq. of Title 42], in excess of the amounts estimated therefor in the Budget.

"(b) The President shall reserve from expenditure and net lending, from appropriations or other obligational authority heretofore or hereafter made available, such amounts as may be necessary to effectuate the provisions of subsection (a)."

SUBSTITUTION OF REDUCED AMOUNTS OF DISTRIBUTABLE FUNDS AS DETERMINED BY THE PRESIDENT PURSUANT TO MANDATED REDUCTIONS DURING FISCAL 1969 FOR AMOUNTS OF DISTRIBUTABLE FUNDS AS DETERMINED BY STATUTORY FORMULA

For the effect of section 202 of Pub. L. 90-364, set out as a note under this section, requiring a reduction of $6 billion in expenditures during fiscal 1969, upon statutory formulae under which the distribution of available funds is accomplished, see section 205 of Pub. L. 90-364, set out as a note under section 757b of this title.

Budget

CROSS REFERENCES

Defined, see section 2 of this title.

Departments of Defense, Army, Navy and Air Force, see section 2203 of Title 10, Armed Forces. Departmental estimates, preparation by heads of departments, see section 22 of this title.

Director of Administrative office of the United States Courts, see section 605 of Title 28, Judiciary and Judicial Procedure.

Elimination of unnecessary words, see section 623 of this title.

Preparation by Office of Management and Budget, see section 16 of this title.

Statements of Office of Management and Budget, see section 624 of this title.

Supplemental estimates prepared by Office of Management and Budget, see section 16 of this title.

Uniformity of language, see section 623 of this

title.

EXECUTIVE ORDER No. 6715. FILING OF FUNCTIONAL ORGANIZATION CHARTS WITH THE DIRECTOR OF THE BUREAU OF THE BUDGET

Ex. Ord. No. 6715, May 23, 1934, provided:

(1) Each executive department, independent establishment, and emergency agency shall file with the Director of the Bureau of the Budget [now Director of Office of Management and Budget] a functional organization chart, indicating its various existing bureaus, divisions, sections, etc., and containing a description of the functions respectively performed, and shall file such additional charts from time to time, as may be necessary to show all changes made therein.